Crimes Ordinance 1961

3. Application4. Persons not to be tried in respect of things done outside Western Samoa5. Place of commission of offence6. Jurisdiction in respect of crimes on ships or aircraft7. Offences not to be punishable except under the law of Western Samoa8. Offence under more than one enactment8A, 8B. Repealed

9. General rule as to justification10. Ignorance of law11. Children under 812. Children between 8 and 1413. Insanity14. Compulsion15. Self-defence against unprovoked assault16. Self-defence against provoked assault17. Defence of dwellinghouse18. Defence of land or building19. Defence of person under protection20. Excess of force21. Consent to death22. Other enactments not affected

43. Distribution or exhibition of indecent matter44. Indecent act in public place45. Indecent act with intent to insult or offend

SEXUAL CRIMES

46. Sexual Intercourse defined47. Rape48. Attempt to commit rape49. Incest50. Sexual intercourse by man with young related girl living in his family51. Sexual intercourse with girl under 1252. Indecency with girl under 1253. Sexual intercourse or indecency with girl between 12 and 1654. Indecent assault on woman or girl55. Conspiracy to induce sexual intercourse56. Inducing sexual intercourse under pretence of marriage57. Sexual intercourse with idiot or imbecile woman or girl58. Adultery by married persons58A. Adultery with married woman58B. Indecent act between woman and girl58C. Indecency between man and boy58D. Indecency between males58E. Sodomy58F. Bestiality58G. Attempts to commit sodomy or bestiality58H. Indecency with animal

PART VICRIMES AGAINST PUBLIC WELFARE

58I. Criminal nuisance58J. Keeping place of resort for homosexual acts58K. Brothel-keeping58L. Living on earnings of prostitution58M. Procuring sexual Intercourse58N. Personating a female58O. Misconduct in respect of human remains58P. Repealed

PART VIICRIMES AGAINST PERSON AND REPUTATION

59. Homicide60. Killing of a child61. Homicide, culpable and not culpable62. Death must be within a year and a day63. Murder64. Further definition of murder65. Manslaughter66. Penalty for murder67. Penalty for manslaughter68. Attempted murder69. Conspiracy and inciting to murder70. Hastening death71. Indirect cause of death72. Infanticide73. Killing unborn child73A. Procuring abortion73B. Female procuring her own miscarriage73C. Supplying means of procuring abortion73D. Effectiveness of means used immaterial74. Concealing dead body of child74A. Bigamy defined74B. Punishment of bigamy74C. Feigned marriage75. Counselling suicide76. Duty to provide the necessaries of life77. Duty of parent or guardian to provide necessaries78. Common assault79. Grievous bodily harm80. Actual bodily harm81. Acts or omissions causing bodily harm82. Threats to kill or do bodily harm83. Abduction of woman or girl83A. Kidnapping83B. Abduction of child under 1684. Defamatory libel

92. Robbery93. Breach of trust94. Menaces95. Witchcraft96. Obtaining credit by fraud97. Conspiracy to defraud98. Falsifying accounts relating to public funds99. False accounting by employee100. False statement by public officer101. Accusation of criminal offences102. Burglary103. Unlawful entry of building by night104. Intimidation by breaking house or discharge of firearms105. Being armed with intent to commit a crime106. Having in possession instruments of housebreaking, or being disguised with intent to commit a crime107. Forgery108. Uttering forged documents109. Making counterfeit coin110. Impairing coin111. Uttering counterfeit coin112. Arson113. Wilful damage114. Attempt to commit or procure commission of offence115. Accessory after the fact to crime

"Building" means any building, erection or structure of any kind, whether permanent or temporary, and includes any dwelling, fale,
warehouse, shop, office, store, caravan or other premises of any kind;

"Constable" includes any member of [the Police Service];

"Court" includes both the Supreme Court and the Magistrate's Court of Western Samoa;

"Crime" means an offence for which anyone can be punished under this Ordinance;

"Day" or "daytime" means the interval between 6 o'clock in the morning of any day and 8 o'clock at night of the same day;

"Enactment" includes the Constitution of Western Samoa and any Act, Ordinance, Regulation or Order;

"Night" or "night-time" means the interval between 8 o'clock at night and 6 o'clock in the following morning;

"Offence" means any act or omission for which any one can be punished under this Ordinance or under any other enactment:

"Public place" means-

(a) Any road;

(b) Any place of public resort open to or used by the public (whether on payment of money or otherwise);

(c) Any wharf or jetty;

(d) Any passenger ship or boat or other vessel plying for hire at a wharf or jetty or within one mile of the shore;

(e) Any licensed public vehicle plying for hire;

(f) Any church or other building where Divine Service is being publicly held;

"Territorial waters"- in relation to any country [other than Western Samoa] means such part of the sea adjacent to the coast of that
country as is within the territorial sovereignty of that country;

"Valuable security" means any document which constitutes a title to or is evidence of title to any property or proprietary right of
any kind whatever; and includes any negotiable instrument, bill of exchange, cheque or promissory note;

"Western Samoa" means the islands of Upolu, Savai'i, Manono and Apolima in the South Pacific Ocean together with all other islands
adjacent thereto and lying between the 13th and 15th degrees of south latitude and the 171st and 173rd degrees of longitude west
of Greenwich; Western Samoa includes [all waters within the outer limits of the territorial sea of Western Samoa (as defined by section
3 of the Territorial Sea Act 1971)] [and the exclusive economic zone of Western Samoa (as defined in the ExclusiveEconomic Zone Act 1977)].

"Constable": In this definition, the reference to the Police Service was substituted for a reference to the Western Samoan Police
Force by s. 3 (3) of the Police Service Act 1977.

"Crown Solicitor": No definition of this term is provided, but these duties are generally to be performed by the Attorney-General;
see s. 24 (4) of the Samoa Amendment Act 1959 (N.Z.) and s. 7 of the Reprint of Statutes Act 1972.

"Territorial waters": In this definition, the words "other than Western Samoa" were inserted by s. 10 of the Territorial Sea Act1971.

"Western Samoa": In this definition, the words in the first set of square brackets were substituted for the words "the territorial
waters of Western Samoa" by s. 10 of the Territorial Sea Act 1971, and the words in the second set of square brackets were added by s. 20 (1) of the Exclusive Economic Zone Act1977. See s. 1 (2) of the latter Act.

For further definitions, see the sections relating to various specific crimes.

PART IJURISDICTION

3. Application-(1) This Ordinance applies to all offences for which the offender may be proceeded against and tried in Western Samoa.

(2) This Ordinance applies to all acts done or committed in Western Samoa.

The Registrar of the Supreme Court is required by s. 12 of the Electoral Act1963 to notify the Speaker within 48 hours where a Member of Parliament is convicted of an offence punishable by death or by imprisonment
for 2 years or upwards, or for corrupt practice under that Act.

For exemptions from search and other legal processes in respect of the operations and personnel of the International Development
Association, the International Bank for Reconstruction and Development, and the International Monetary Fund, see s. 9 of the International Finance Agreements Act 1971.

4. Persons not to be tried in respect of things done outside Western Samoa-Subject to the provisions of section 5 of this Ordinance, no act done or omitted outside Western Samoa is an offence, unless it is
an offence by virtue of any provision of this Ordinance or of any other enactment.

5. Place of commission of offence-For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion
of any offence, occurs in Western Samoa, the offence shall be deemed to be committed in Western Samoa, whether the person charged
with the offence was in Western Samoa or not at the time of the act, omission, or event.

6. Jurisdiction in respect of crimes on ships or aircraft-(1) This section applies with respect to any act done or omitted by any person:

(a) Being a citizen of Western Samoa or a person ordinarily resident in Western Samoa, on board any ship or aircraft, other than a
Western Samoan ship or aircraft, anywhere beyond Western Samoa; or

(b) Whether or not he is a citizen of Western Samoa or a person ordinarily resident in Western Samoa, on board any Western Samoan
ship or aircraft anywhere beyond Western Samoa; or

(c) On board any ship or aircraft anywhere beyond Western Samoa, if that person arrives in Western Samoa in the course or at the end
of a journey during which the act was done or omitted, notwithstanding that, after the act was done or omitted, the Journey may not
have been continued in the same ship or aircraft.

(2) Where at any place beyond Western Samoa any person does or omits any act to which this section applies, and that act or omission
would, if it occurred within Western Samoa, be a crime under this Ordinance or under any other enactment, he shall be liable on conviction
as if the act or omission had occurred in Western Samoa:

Provided that where any proceedings are taken by virtue of the jurisdiction conferred by this section it shall be a defence to prove
that the act or omission would not have been an offence under the law of the country of which the person charged was a national or
citizen at the time of the act or omission, if it had occurred in that country.

7. Offences not to be punishable except under the law of Western Samoa-No one shall be convicted of any offence at common law, or of any offence against any Act of the Parliament of England or the Parliament
of Great Britain [or] the Parliament of the United Kingdom:

Provided that nothing in this section shall limit or affect the power or authority of the Legislative Assembly or of any Court to
punish for contempt.

The word "or" in square brackets has been inserted pursuant to s. 3 (f) of the Reprint of Statutes Act 1972, in order to complete
the sense of the list of Parliaments.

8. Offence under more than one enactment-(1) Where an act or omission constitutes an offence under this Ordinance and under any other Ordinance, the offender may be prosecuted
and punished either under this Ordinance or under that other Ordinance.

(2) Where an act or omission constitutes an offence under 2 or more Ordinances other than this Ordinance, the offender may be prosecuted
and punished under any one of those Ordinances.

(3) Where an act or omission constitutes an offence under 2 or more provisions of this Ordinance or of any other Ordinance, the offender
may be prosecuted under any one of those provisions.

(4) No one shall be liable to be punished twice in respect of the same offence.

9. General rule as to justification-All rules and principles of' the common law which render any circumstances a justification or excuse for any act or omission, or
a defence to any charge, shall remain in force and apply in respect of a charge of any offence, whether under this Ordinance or under
any other enactment, except so far as they are altered by or are inconsistent with this Ordinance or any other enactment.

For exemptions from search and other legal processes for the operations and personnel of the International Development Association,
the International Bank for Reconstruction and Development, the International Finance Corporation and the International Monetary Fund,
see s. 9 of the International FinanceAgreements Act 1971. As to immunity of members of the Legislative Assembly, see Part I of the Legislative Assembly Powers and Privileges Ordinance 1961.

10. Ignorance of law-The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

11. Children under 8-No person shall be convicted of an offence by reason of any act done or omitted by him when under the age of 8 years.

12. Children between 8 and 14-No person shall be convicted of an offence by reason of any act done or omitted by him when of the age of 8 but under the age of
14 years, unless the jury by whom he was tried, or the Court before whom he is charged having jurisdiction to deal with the charge
summarily, is of the opinion that he knew such act or omission was wrong.

13. Insanity-(1) Every one shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved.

(2) No person shall be convicted of an offence by reason of an act done or omitted by him when labouring under natural imbecility
or disease of the mind to such an extent as to render him incapable-

(a) Of understanding the nature and quality of the act or omission; or

(b) Of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.

(3) Insanity before or after the time when he did or omitted the act, and insane delusions, though only partial, may be evidence that
the offender was, at the time when he did or omitted the act, in such a condition of mind as to render him irresponsible for the
act or omission.

(4) The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect
the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

As to subs. (2), see the directives in ss. 12 and 15 of the Mental HealthOrdinance 1961. As to the arrest and trial of insane persons and orders for detention, discharge or custody of persons found to be insane at the
time of commission of an offence, see ss. 10 et seq. of that Ordinance.

14. Compulsion-(1) Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or
grievous bodily harm from a person who is present when the offence is committed is protected from criminal responsibility if he believes
that the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion,
except where the offence committed is treason, murder, attempted murder, aiding or abetting rape, abduction, robbery, causing grievous
bodily harm and arson.

(2) Where a married woman commits an offence, the fact that her husband was present at the commission of it shall not of itself raise
the presumption of compulsion.

15. Self-defence against unprovoked assault-(1) Every one unlawfully assaulted, not having provoked the assault by any blows, words or gestures, is justified in repelling force,
if the force he uses-

(a) Is not meant to cause death or grievous bodily harm; and

(b) Is no more than is necessary for the purpose of self-defence.

(2) Every one unlawfully assaulted, not having provoked the assault by any blows, words or gestures, is justified in repelling force
by force although in so doing he causes death or grievous bodily harm, if-

(a) He causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally
made or with which the assailant pursues his purpose; and

(b) He believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.

16. Self-defence against provoked assault-Every one who has assaulted another without justification, or has provoked an assault from that other by any blows, words or gestures,
may nevertheless justify force used after the assault if-

(a) He used the force under reasonable apprehension of death or grievous bodily harm from the violence of the party first assaulted
or provoked and in the belief, on reasonable grounds, that it was necessary for his own preservation from death or grievous bodily
harm; and

(b) He did not begin the assault with intent to kill or do grievous bodily harm and did not endeavour, at any time before the necessity
for preserving himself arose, to kill or do grievous bodily harm; and

(c) Before the force was used, he declined further conflict and quitted or retreated from it as far as was practicable.

17. Defence of dwellinghouse-Every one in peaceable possession of a dwellinghouse, and every one lawfully assisting him or acting by his authority, is justified
in using such force as is necessary to prevent the forcible breaking and entering of the dwellinghouse by any person if he believes,
on reasonable grounds, that there is no lawful justification for the breaking and entering.

18. Defence of land or building-(1) Every one in peaceable possession of any land or building, and every one lawfully assisting him or acting by his authority, is
justified in using reasonable force to prevent any person from trespassing on the land or building or to remove him therefrom.

(2) If the last-mentioned person resists the attempt to prevent his entry or to remove him, he shall be deemed to commit an assault
without justification.

19. Defence of person under protection-Every one is justified in using force, in defence of the person of any one under his protection, against an assault, if he uses no
more force than is necessary to prevent the assault or the repetition of it:

Provided that this section shall not justify the wilful infliction of any hurt or mischief disproportionate to the assault that it
was intended to prevent.

20. Excess of force-Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act
that constitutes the excess.

21. Consent to death-No one has a right to consent to the infliction of death upon himself, and, if any person is killed, the fact that he gave any such
consent shall not affect the criminal responsibility of any person who is a party to the killing.

22. Other enactments not affected-Nothing in this Ordinance shall take away or diminish any authority given by any other enactment to arrest, detain, or put any restraint
on any person.

PART IIIPARTIES TO THE COMMISSION OF OFFENCES

23. Parties to offences-(1) Every one is a party to and guilty of an offence who-

(a) Actually commits the offence; or

(b) Does or omits an act for the purpose of aiding any person to commit the offence; or

(c) Abets any person in the commission of the offence; or

(d) Incites, counsels, or procures any person to commit the offence.

(2) Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them
is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence
was or ought to have been known to be a probable consequence of the prosecution of the common purpose.

24. Husband and wife conspiring-Where any person is charged with any conspiracy or with being a party to any conspiracy, the fact that any 2 of the alleged conspirators
or parties to the conspiracy are husband and wife shall not of itself be a defence to the charge.

25. Offence committed other than offence intended-(1) Every one who incites, counsels, or procures another to be a party to an offence of which that other is afterwards guilty is a
party to that offence, although it may be committed in a way different from that which was incited, counselled, or procured.

(2) Every one who incites, counsels, or procures another to be a party to an offence is a party to every offence which that other
commits in consequence of such inciting, counselling, or procuring, and which the first-mentioned person knows or ought to have known
to be likely to be committed in consequence thereof.

26. Accessory after the fact-(1) An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts,
or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape after arrest
or to avoid arrest or conviction.

(2) No married person whose spouse has been a party to an offence shall become an accessory after the fact to that offence by doing
any act to which this section applies in order to enable the spouse, or the spouse and any other person who has been a party to the
offence, to escape after arrest or to avoid arrest or conviction.

27. Attempts-(1) Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing the object, is guilty
of an attempt to commit the offence intended, whether under the circumstances it was possible to commit the offence or not.

(2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission
of that offence, and too remote to constitute an attempt to commit it, is a question of law.

(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected
with the intended offence, whether or not there was any act unequivocally showing the intent to commit an offence.

PART IVCRIMES AGAINST PUBLIC ORDER

28. Treason-Every citizen of Western Samoa is guilty of treason, and is liable on conviction thereof to suffer death, who-

(a) Kills, wounds, imprisons, or causes grievous bodily harm to the Head of State; or

(b) Levies war or conspires to levy war against the State of Western Samoa; or

(c) Uses force for the purpose of overthrowing the Government of Western Samoa; or

(d) Assists by any means whatever any public enemy at war with the State of Western Samoa.

29. Seditious offences-(1) Every one is liable to imprisonment for a term not exceeding 2 years who speaks any seditious words or publishes a seditious libel,
or is a party to a seditious conspiracy.

(2) Seditious words are words expressive of a seditious intention.

(3) A seditious libel is a libel expressive of a seditious intention.

(4) A seditious conspiracy is an agreement between 2 or more persons to carry into execution a seditious intention.

(5) A seditious intention is an intention to excite disaffection against the Parliament or Government of Western Samoa, or to excite
such hostility or ill will between different classes of the inhabitants of Western Samoa as may be injurious to the public welfare,
or to incite, encourage, or procure lawlessness, violence, or disorder in Western Samoa, or to procure otherwise than by lawful means
the alteration of any matter affecting the laws, government, or Constitution of Western Samoa.

30. Unlawful assembly-(1) Every member of an unlawful assembly is liable to imprisonment for one year.

(2) An unlawful assembly is an assembly of 3 or more persons who, with intent to carry out any common purpose, assemble in such a
manner, or so conduct themselves when assembled, as to cause persons in the neighbourhood of such an assembly to fear, on reasonable
grounds, that the persons so assembled will disturb the peace tumultuously, or will, by such assembly, needlessly and without any
reasonable occasion provoke other persons to disturb the peace tumultuously.

(3) Persons lawfully assembled may become an unlawful assembly if they, with a common purpose, conduct themselves in such a manner
that their assembling would have been unlawful if they had assembled in that manner for that purpose.

(4) An assembly of 3 or more persons for the purpose of protecting the house of any one of their number against persons threatening
to break and enter such house in order to commit any offence therein is not unlawful.

31. Riot-(1) Every one who takes part in a riot is liable to imprisonment for a term not exceeding 2 years.

(2) A riot is an unlawful assembly that has begun to disturb the peace tumultuously.

32. Forcible entry-Every one is liable to imprisonment for a term not exceeding 6 months who, by force or threats of force, enters on land then in the
actual and peaceful possession of another for the purpose of taking possession thereof, whether he who so enters is entitled to the
possession thereof or not.

33. Affrays-(1) Ever yone who, without lawful justification or excuse, takes part in an affray is liable to imprisonment for a term not exceeding
one year.

(2) An affray is the act of fighting in a public highway or in any other public place.

34. Unlawful intimidation-Every person commits an offence and is liable to imprisonment for a term not exceeding one year or to a fine of [$200] who-

(a) Imposes or attempts to impose or authorises or directs the imposition or attempted imposition upon any other person (whether in
respect of a particular person or generally) of any punishment, fine, or penalty or payment in money or goods for having disobeyed
any prohibition imposed by any person or body of persons against the doing or abstaining from doing any act which such other person
has a legal right to do or abstain from doing; or

(b) With a view to compel any other person to do or to abstain from doing any act which he has a legal right to do or abstain from
doing;

(i) Uses violence to or by words or acts intimidates such other person or damages or threatens to damage his property; or

(ii) Follows such other person about from place to place or in or along any public place; or

(iii) Watches or besets any house, shop, or other place or the approach thereto where such other person or any person whosoever resides
or works or carries on business or happens to be.

[34A. Threatening, etc., words or behaviour to Member or officer-(1) Every one is liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $200 who uses any threatening,
abusive or insulting words or behaviour towards or in respect of any Member of Parliament.

(2) Every one is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $100 who uses any threatening,
abusive or insulting words or behaviour towards or in respect of any officer of the Public Service while he is performing any official
duty or exercising any official power.]

PART VCRIMES AFFECTING ADMINISTRATION OF LAW AND JUSTICE ANDPUBLIC ADMINISTRATION

35. Official corruption-Every one commits the offence of official corruption and is liable to imprisonment for a term not exceeding 5 years who-

(a) Being the holder of any office, whether judicial or otherwise, in the service of the Independent State of Western Samoa, corruptly
accepts or obtains, or agrees to accept or attempts to obtain, for himself or any other person any bribe - that is to say, any money
or valuable consideration whatever - on account of anything done or to be afterwards done by him in his official capacity; or

(b) Corruptly gives or offers to any person holding any such office or to any other person any such bribe as aforesaid on account
of any such act.

As to the Public Service, see further s. 35 of the Police Service Act 1977.

36. Perjury-(1) Perjury is an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part
of his evidence upon oath or affirmation, whether such evidence is given in open Court or by affidavit or otherwise, such assertion
being known to the witness to be false.

(2) Every proceeding is judicial within the meaning of this section which is held before any Court, or before any judicial officer
or other person having power to take evidence on oath or affirmation.

(3) No one shall be convicted of perjury on the evidence of one witness only, unless the evidence of that witness is corroborated
in some material particular by evidence implicating the accused.

(4) Every one who commits perjury is liable to imprisonment for a term not exceeding 5 years.

Proceedings before the Land Board established under the Land Ordinance 1959 are decreed to be "judicial proceedings" for the purposes
of this section; see s. 10(c) of that Ordinance.

See further the titles Evidence; Oaths, Affidavits and Declarations; ss. 11 (8) and 12 (4) of the Income Tax Administration Act 1974;
and s. 29 of the Police Service Act 1977.

37. Fabricating evidence-Every one is liable to imprisonment for a term not exceeding 3 years who, with intent to mislead any Court of Justice or any judicial
officer in the exercise of his functions as such, fabricates evidence by any means other than perjury.

38. Conspiring to defeat justice-Every one is liable to imprisonment for a term not exceeding 3 years who conspires or attempts to obstruct, prevent, pervert, or
defeat the course of justice in any cause or matter, civil or criminal.

39. Breaking prison-Every one is liable to imprisonment for a term not exceeding 5 years who by force or violence breaks any prison with intent to set
at liberty himself or any other person detained therein.

40. Escape-(1) Every one is liable to imprisonment for a term not exceeding 2 years who, being in lawful custody, whether in a prison or elsewhere,
escapes therefrom.

(2) For the purposes of this and the next succeeding section lawful custody means the detention of a person by due process of law,
whether he be under arrest, police or gaol escort, serving a term of imprisonment or otherwise; custody under an irregular warrant
or other irregular process shall be deemed to be lawful.

41. Rescue-Every one is liable to imprisonment for a term not exceeding 2 years who rescues any person from lawful custody, whether in a prison
or elsewhere, or who assists any person to escape from such custody, or who aids, harbours, conceals, or shelters any person who
has escaped from such custody, knowing him to have so escaped.

[42. Blasphemous libel-(1) Every one is liable to imprisonment for a term not exceeding one year who publishes any blasphemous libel.

(2) Whether any particular published matter is or is not a blasphemous libel is a question of fact.

(3) It is not an offence against this section to express in good faith and in decent language, or to attempt to establish by arguments
used in good faith and conveyed in decent language, any opinion whatever on any religious subject.

(4) No one shall be prosecuted for an offence against this section without the leave in writing of the Attorney-General, who before
giving leave may make such inquiries as he thinks fit.

Cf. 1961, No. 43, s. 123 (N.Z.)

As to the protection of a Post Office employee for transmitting libels by telegram, see s. 88 of the Post Office Act 1972.

[43. Distribution or exhibition of indecent matter-(1) Every one is liable to imprisonment for a term not exceeding 2 years who, without lawful justification or excuse,-

(a) Sells, exposes for sale, or otherwise distributes to the public any indecent model or object; or

(b) Exhibits or presents in or within view of any place to which the public have or are permitted to have access any indecent model
or object or indecent show or performance; or

(c) Exhibits or presents in the presence of any person in consideration or expectation of any payment, or otherwise for gain, any
indecent show or performance.

(2) It is a defence to a charge under this section to prove that the public good was served by the acts alleged to have been done.

(3) It is a question of law whether the sale, exposure for sale, distribution, exhibition or presentation might in the circumstances
serve the public good, and whether there is evidence of excess beyond what the public good requires; but it is a question of fact
whether or not the acts complained of did so serve the public good and whether or not there was such excess.

(4) It is no defence that the person charged did not know that the model, object, show or performance to which the charge relates
was indecent, unless that person also satisfies the Court-

(a) That he had no reasonable opportunity of knowing it; and

(b) That in the circumstances his ignorance was excusable.

(5) No one shall be prosecuted for an offence against this section without the leave in writing of the Attorney-General, who before
giving leave may make such inquiries as he thinks fit.

(6) Nothing in this section shall apply to any document or matter to which the Indecent Publications Ordinance 1960 relates, whether the document or matter is indecent within the meaning of that Ordinance or not.

[44. Indecent act in public place-(1) Every one is liable to imprisonment for a term not exceeding 2 years who wilfully does any indecent act in any public place, or
within view of any such place.

(2) It is a defence to a charge under this section if the person charged proves that he had reasonable grounds for believing that
he would not be observed.

Cf. 1961, No. 13, s.56; 1961, No. 43, s.125 (N.Z.)

[45. Indecent act with intent to insult or offend-Every one is liable to imprisonment for a term not exceeding 2 years who, with intent to insult or offend any person, does any indecent
act in any place.

Cf. 1961, No. 43, s.126 (N.Z.)

[SEXUAL CRIMES

[46. Sexual intercourse defined-For the purposes of this Part of this Act, sexual intercourse is complete upon penetration; and there shall be no presumption of law
that any person is by reason of his age incapable of such intercourse.

Cf. 1961, No. 43, s.127 (N.Z.)

[47. Rape-(1) Rape is the act of a male person having sexual intercourse with a woman or girl-

(a) Without her consent freely and voluntary given; or

(b) With consent extorted by fear of bodily harm or by threats; or

(c) With consent extorted by fear, on reasonable grounds, that the refusal of consent would result in the death of or grievous bodily
injury to a third person; or

(d) With consent obtained by personating her husband; or

(e) With consent obtained by a false and fraudulent representation as to the nature and quality of the act.

(2) Every one who commits rape is liable to imprisonment for life.

(3) Notwithstanding anything in subsection (1) of this section, no man shall be convicted of rape in respect of his intercourse with
his wife, unless at the time of the intercourse there was in force in respect of the marriage a decree of judicial separation or
a separation order.

Cf. 1961, No. 13, s.50; 1961, No. 43, s.128 (N.Z.)

[48. Attempt to commit rape-Every one who attempts to commit rape or assaults any person with intent to commit rape is liable to imprisonment for a term not exceeding
10 years.

Cf. 1961, No. 13, s.50; 1961, No. 43, s.129 (N.Z.)

[49. Incest-(1) In this section the term "child" includes an illegitimate child; and "grandchild" has a corresponding meaning.

(2) Incest is sexual intercourse between-

(a) Parent and child; or

(b) Brother and sister, whether of the whole blood or of the half blood, and whether the relationship is traced through lawful wedlock
or not; or

(c) Grandparent and grandchild where the person charged knows of the relationship between the parties.

(3) Every, one of or over the age of 16 years who commits incest is liable to imprisonment for a term not exceeding 7 years.

Cf. 1961, No. 13, s.49; 1961, No. 43, s.130 (N.Z.)

[50. Sexual intercourse by man with young related girl living in his family-(1) Every one is liable to imprisonment for a term not exceeding 7 years who has or attempts to have sexual intercourse with any girl,
not being his wife, who is under the age of 21 years and who, being his step-daughter, foster daughter or ward, is at the time of
the intercourse or attempted intercourse living with him as a member of his family.

(2) It is no defence to a charge under this section that the girl consented.

Cf. 1961, No. 43, s.131 (N.Z.)

[51. Sexual intercourse with girl under 12-(1) Every one who has sexual intercourse with any girl under the age of 12 years is liable to imprisonment for a term not exceeding
10 years.

(2) Every one who attempts to have sexual intercourse with any girl under the age of 12 years is liable to imprisonment for a term
not exceeding 7 years.

(3) It is no defence to a charge under this section that the girl consented, or that the person charged believed that she was of or
over the age of 12 years.

(4) The girl shall not be charged as a party to an offence committed upon or with her against this section.

[52. Indecency with girl under 12-(1) Every one is liable to imprisonment for a term not exceeding 7 years who-

(a) Indecently assaults any girl under the age of 12 years; or

(b) Being a male, does any indecent act with or upon any girl under the age of 12 years; or

(c) Being a male, induces or permits any girl under the age of 12 years to do any indecent act with or upon him.

(2) It is no defence to a charge under this section that the girl consented, or that the person charged believed that she was of or
over the age of 12 years.

(3) The girl shall not be charged as a party to an offence committed upon or with her against this section.

Cf. 1961, No. 13, s.52; 1961, No. 43, s.133 (N.Z.)

[53. Sexual intercourse or indecency with girl between 12 and 16-(1) Every one is liable to imprisonment for a term not exceeding 7 years who has or attempts to have sexual intercourse with any girl
of or over the age of 12 years and under the age of 16 years, not being his wife.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who-

(a) Indecently assaults any such girl; or

(b) Being a male, does any indecent act with or upon any such girl; or

(c) Being a male, induces or permits any such girl to do any indecent act with or upon him.

(3) It is a defence to a charge under this section if the person charged proves that the girl consented and that he is younger than
the girl:

Provided that proof of the said facts shall not be a defence if it is proved that such consent was obtained by a false and fraudulent
representation as to the nature and quality of the act.

(4) It is a defence to a charge under this section if the person charged proves that the girl consented, that he was under the age
of 21 years at the time of the commission of the act, and that he had reasonable cause to believe, and did believe, that the girl
was of or over the age of 16 years:

Provided that proof of the said facts shall not be a defence if it is proved that the consent was obtained by a false and fraudulent
representation as to the nature and quality of the act.

(5) Except as provided in this section, it is no defence to a charge under this section that the girl consented, or that the person
charged believed that the girl was of or over the age of 16 years.

(6) The girl shall not be charged as a party to an offence committed upon or with her against this section.

(7) No one shall be prosecuted for any offence against this section, except under paragraph (a) of subsection (2) thereof, unless
the prosecution is commenced within 12 months from the time when the offence was committed.

Cf. 1961, No. 13, ss. 51, 52; 1961, No. 43, s.134(N.Z.)

[54. Indecent assault on woman or girl-Every one is liable to imprisonment for a term not exceeding '5 years who-

(a) Indecently assaults any woman or girl of or over the age of 16 years; or

(b) Does anything to any woman or girl of or over the age of 16 years, with her consent, which but for such consent would have been
an indecent assault, such consent being obtained by a false and fraudulent representation as to the nature and quality of the act.

Cf. 1961, No. 13, s. 55; 1961, No. 43, s. 135 (N.Z.)

[55. Conspiracy to induce sexual intercourse-Every one is liable to imprisonment for a term not exceeding 5 years who conspires with any other person by a false representation
or by other fraudulent means to induce any woman or girl to have sexual intercourse with any male who is not her husband.

Cf. 1961, No. 43, s. 136 (N.Z.)

[56. Inducing sexual intercourse under pretence of marriage-Every one is liable to imprisonment for a term not exceeding 7 years who induces any woman or girl to have sexual intercourse with
him by a wilfully false representation that they are married.

Cf. 1961, No. 43, s. 137 (N.Z.)

[57. Sexual intercourse with idiot or imbecile woman or girl-Every one is liable to imprisonment for a term not exceeding 7 years who has or attempts to have sexual intercourse with any woman
or girl who is an idiot or an imbecile, if he knows or has good reason to believe that she is an idiot or an imbecile.

Cf. 1961, No. 13, s. 54; 1961, No. 43, s. 138 (N.Z.)

[58. Adultery by married persons-Every married person who commits adultery shall be liable to a fine not exceeding $100.

Cf. 1921, No. 16, s. 128 (N.Z.)

[58A. Adultery with married woman-Every man who commits adultery with a woman he knows to be married shall be liable to a fine not exceeding $100.

Cf. 1921, No. 16, s. 129 (N.Z.)

[58B. Indecent act between woman and girl-(1) Every woman of or over the age of 21 years is liable to imprisonment for a term not exceeding 5 years who-

(a) Does any indecent act with or upon any girl under the age of 16 years; or

(b) Induces or permits any girl under the age of 16 years to do any indecent act with or upon her.

(2) The girl shall not be charged as a party of an offence committed with or upon her against this section.

(3) It is no defence to a charge under this section that the girl consented.

Cf. 1961, No. 43, s. 139 (N.Z.)

[58C. Indecency between man and boy-(1) Every one is liable to imprisonment for a term not exceeding 7 years who, being a male-

(a) Indecently assaults any boy under the age of 16 years; or

(b) Does any indecent act with or upon any boy under the age of 16 years; or

(c) Induces or permits any boy under the age of 16 years to do any indecent act with or upon him.

(2) No person under the age of 21 years shall be charged with committing or being a party to an offence against this section.

(3) It is no defence to a charge under this section that the boy consented.

Cf. 1961, No. 43, s. 140 (N.Z.)

[58D. Indecency between males-(1) Every one is liable to imprisonment for a term not exceeding 5 years who, being a male-

(a) Indecently assaults any other male; or

(b) Does any indecent act with or upon any other male; or

(c) Induces or permits any other male to do any indecent act with or upon him.

(2) No boy under the age of 16 years shall be charged with committing or being a party to an offence against paragraph (b) or paragraph
(c) of subsection (1) of this section, unless the other male was under the age of 21 years.

(3) It is no defence to a charge under this section that the other party consented.

Cf. 1961, No. 43, s. 141 (N.Z.)

[58E. Sodomy-(1) Every one who commits sodomy is liable-

(a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding 7 years;

(b) Where the act of sodomy is committed on a male, and at the time of the act that male is under the age of 16 years and the offender
is of or over the age of 21 years, to imprisonment for a term not exceeding 7 years;

(c) In any other case, to imprisonment for a term not exceeding 5 years.

(2) This offence is complete upon penetration.

(3) Where sodomy is committed on any person under the age of 16 years he shall not be charged with being a party to that offence,
but he may be charged with being a party to an offence against section 58D of this Act in any case to which that section is applicable.

(4) It is no defence to a charge under this section that the other party consented.

Cf. 1961, No. 13, s. 46; 1961, No. 43, s. 142 (N.Z.)

[58F. Bestiality-(1) Every one is liable to imprisonment for a term not exceeding 7 years who commits bestiality.

(2) This offence is complete upon penetration.

Cf. 1961, No. 13, s. 47; 1961, No. 43, s. 143 (N.Z.)

[58G. Attempts to commit sodomy or bestiality-Every one is liable to imprisonment for a term not exceeding 5 years who-

(a) Attempts to commit sodomy or bestiality; or

(b) Assaults any person with intent to commit sodomy.

Cf. 1961, No. 13, s. 48

[58H. Indecency with animal-Every one is liable to imprisonment for a term not exceeding 3 years who commits any act of indecency with an animal.

Cf. 1961, No. 43, s. 144 (N.Z.)

[CRIMES AGAINST PUBLIC WELFARE

[58I. Criminal nuisance-(1) Every one commits criminal nuisance who does any unlawful act or omits to discharge any legal duty, such act or omission being
one which he knew would endanger the lives, safety, or health of the public, or the life, safety, or health of any individual.

(2) Every one who commits criminal nuisance is liable to imprisonment for a term not exceeding one year.

Cf. 1961, No. 43, s. 145 (N.Z.)

[58J. Keeping place of resort for homosexual acts-Every one is liable to imprisonment for a term not exceeding 7 years who-

(a) Keeps or manages, or knowingly acts or assists in the management of, any premises used as a place of resort for the commission
of indecent acts between males; or

(b) Being the tenant, lessee or occupier of any premises, knowingly permits the premises or any part thereof to be used as a place
of resort for the commission of indecent acts between males; or

(c) Being the lessor or landlord of any premises, or the agent of the lessor or landlord, lets the premises or any part thereof with
the knowledge that the premises are to be used as a place of resort for the commission of indecent acts between males, or that some
part thereof is to be so used, or is wilfully a party to the continued use of the premises or any part thereof as a place of resort
for the commission of such acts as aforesaid.

Cf. 1961, No. 43, s. 146 (N.Z.)

[58K. Brothel-keeping-(1) In this section, the term "brothel" means any house, room, set of rooms, or place of any kind whatever used for the purposes of
prostitution, whether by one woman or more.

(2) Every one is liable to imprisonment for a term not exceeding 5 years who-

(a) Keeps or manages, or knowingly acts or assists in the management of, any brothel; or

(b) Being the tenant, lessee or occupier of any premises, knowingly permits the premises or any part thereof to be used as a brothel;
or

(c) Being the lessor or landlord of any premises, or the agent of the lessor or landlord, lets the premises or any part thereof with
the knowledge that the premises are to be used as a brothel, or that some part thereof is to be so used, or is wilfully a party to
the continued use of the premises or any part thereof as a brothel.

Cf. 1961, No. 13, s. 57; 1961, No. 43, s. 147 (N.Z.)

[58L. Living on earnings of prostitution-Every one is liable to imprisonment for a term not exceeding 3 years who knowingly-

(a) Lives wholly or in part on the earnings of the prostitution of another person; or

(b) Solicits for any prostitute, whether or not he receives any payment, reward or valuable consideration for so doing.

Cf. 1961, No. 43, s. 148 (N.Z.)

[58M. Procuring sexual intercourse-Every one is liable to imprisonment for a term not exceeding 3 years who, for gain or reward, procures or agrees or offers to procure
any woman or girl to have sexual intercourse with any male who is not her husband.

Cf. 1961, No. 43, s. 149 (N.Z.)

[58N. Personating a female-Every male person is liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $200 who, in a public place
and with intent to deceive any other person as to his true sex, has on or about his person any article intended by him to represent
that he is a female or in any other way is impersonating or representing himself to be a female.

[58O. Misconduct in respect of human remains-Every one is liable to imprisonment for a term not exceeding 2 years who-

(a) Neglects to perform any duty imposed on him by law or undertaken by him with reference to the burial or cremation of any dead
human body or human remains; or

(b) Improperly or indecently interferes with or offers any indignity to any dead human body or human remains, whether buried or not.

[58P. Gaming houses-(1) A gaming house is a house, room or place of any kind whatever kept or used as a place of resort for gambling.

(2) "Gambling" means playing for money or other valuable thing at any game of chance, or playing for excessive stakes or otherwise
to the injury of public morals at any game of mixed chance and skill.

(3) Any one who acts as a person having the management, care or control of a gaming house shall be deemed to be a keeper thereof whether
he is in fact a keeper thereof or not.

(4) Every one who keeps a gaming house is liable to imprisonment for a term not exceeding 3 years.

(5) Where any cards, dice, ball, counters, tables, or other instruments of gaming are found in any premises suspected to be used as
a gaming house or place for gaming, and entered under a warrant issued under the provisions of any enabling enactment, or about the
person of any of those who are found therein, it shall be evidence, until the contrary is proved, that such premises are used as
a gaming house, and that the persons found in the part of the premises where such tables or instruments of gaming have been found
were playing therein, although no play was actually going on in the presence of the constable or other person entering the same under
that warrant.

(6) In any proceeding for an offence against this section the Court may direct that all instruments of gaming found in any premises
suspected as aforesaid shall be forthwith destroyed.

(7) Every person found in any gaming house within the meaning of this section shall be liable to a fine not exceed $50 unless he proves
that he was there for some lawful purpose.]

Cf. 1961, No. 13, s. 58

Part VI, comprising ss. 42 to 58P inclusive, was substituted for the former Part VI, comprising ss. 42 to 58, by s. 3 of the Crimes Amendment Act 1969.

59. Homicide-Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever.

60. Killing of a child-(1) A child becomes a human being within the meaning of this Ordinance when it has completely proceeded in a living state from the
body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string
is severed or not.

(2) The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth.

61. Homicide, culpable and not culpable-(1) Homicide may be either culpable or not culpable.

(2) Homicide is culpable when it consists in the killing of any person either-

(a) By an unlawful act; or

(b) By an omission without lawful excuse to perform or observe any legal duty; or

(c) By both combined; or

(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes that person's death; or

(e) By wilfully frightening a child under the age of 14 years or sick person.

(3) Culpable homicide is murder or manslaughter or infanticide.

(4) Homicide that is not culpable is not an offence.

62. Death must be within a year and a day-(1) No one is criminally responsible for the killing of another unless the death takes place within a year and a day after the cause
of death.

(2) The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause
of death took place.

(3) Where the cause of death is an omission to fulfil a legal duty, the period shall be reckoned inclusive of the day on which such
omission ceased.

(4) Where death is in part caused by an unlawful act and in part by an omission, the period shall be reckoned inclusive of the day
on which the last unlawful act took place or the omission ceased, whichever happened last.

63. Murder-Subject to the provisions of section 72 (relating to infanticide), culpable homicide is murder in each of the following cases-

(a) If the offender means to cause the death of the person killed;

(b) If the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death
and is reckless whether death ensues or not;

(c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one
person, and by accident or mistake kills another person, though he does not mean to hurt the person killed;

(d) If the offender for any unlawful object does an act that he knows or ought to have known to be likely to cause death, and thereby
kills any person, though he may have desired that his object should be effected without hurting any one.

64. Further definition of murder-(1) Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or
knows or does not know that death is likely to ensue-

(a) If he means to inflict grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned
in subsection (2) of this section, or the flight of the offender upon the commission or attempted commission thereof, and death ensues
from such injury;

(b) If he administers any stupefying or overpowering thing for either of the purposes aforesaid, and death ensues from the effects
thereof;

(c) If he by any means wilfully stops the breath of any person for either of the purposes aforesaid, and death ensues from such stopping
of the breath.

(2) The following are the offences referred to in the last preceding subsection: treason, escape or rescue from prison or lawful custody,
resisting lawful apprehension, murder, rape, forcible abduction, robbery, burglary, arson.

65. Manslaughter-Culpable homicide not amounting to murder is manslaughter, save in the case of infanticide.

66. Penalty for murder-Every one who commits murder shall upon conviction thereof be sentenced to death.

67. Penalty for manslaughter-Every one who commits manslaughter is liable to imprisonment for life.

68. Attempted murder-Every one who attempts to commit murder is liable to imprisonment for life.

69. Conspiracy and inciting to murder-Every one is liable to imprisonment for a term not exceeding 10 years who-

(a) Conspires with any person to murder any person; or

(b) Incites any person to commit murder.

70. Hastening death-Every one who hastens the death of any person from any disease or disorder from which that person is already suffering shall be deemed
to have caused the death of that person.

71. Indirect cause of death-Every one whose act or omission results in the death of any person shall be deemed to have caused the death of that person, although
the immediate cause of death is the act or omission of some other person or some other independent intervening event.

72. Infanticide-(1) Where a woman causes the death of any child of hers within 12 months from the date of its birth in a manner that amounts to culpable
homicide, and where at the time of the offence the balance of her mind was disturbed by reason of her not having fully recovered
from the effect of childbirth or by reason of lactation or of any disorder consequent upon childbirth, to such an extent that she
should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment
for a term not exceeding 3 years.

(2) Upon the trial of a woman for the murder or manslaughter of any child of hers under the age of 12 months, if there is evidence
to support a verdict of infanticide as above, it shall be open to the jury to return such a verdict, and the accused shall be liable
accordingly.

73. Killing unborn child-(1) Every one is liable to imprisonment for a term not exceeding 14 years who causes the death of any child that has not become a
human being in such a manner that he would have been guilty of murder if the child had become a human being.

(2) Every one is liable to imprisonment for a term not exceeding 5 years who causes the death of any child that has not become a human
being in such a manner that he would have been guilty of manslaughter if the child had become a human being.

(3) No one is guilty of any crime who before or during the birth of any child causes its death by means employed in good faith for
the preservation of the life of the mother.

[73A. Procuring abortion-(1) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to procure the miscarriage of any woman
or girl, whether she is with child or not,-

(a) Unlawfully administers to or causes to be taken by her any poison or any drug or any noxious thing; or

(b) Unlawfully uses on her any instrument; or

(c) Unlawfully uses on her any other means whatsoever.

(2) The woman or girl shall not be charged as a party to an offence against this section.

Cf. 1961, No. 13, s. 42; 1961, No. 43, ss. 183, 184 (N.Z.)

[73B. Female procuring her own miscarriage-Every woman or girl is liable to imprisonment for a term not exceeding 7 years who with intent to procure miscarriage, whether she
is with child or not,-

(a) Unlawfully administers to herself, or permits to be administered to her, any poison or any drug or any noxious thing; or

(b) Unlawfully uses on herself, or permits to be used on her, any instrument; or

(c) Unlawfully uses on herself, or permits to be used on her, any other means whatsoever.

Cf. 1961, No. 13, s. 43; 1961, No. 43, s. 185 (N.Z.)

[73C. Supplying means of procuring abortion-Every one is liable to imprisonment for a term not exceeding 7 years who unlawfully supplies or procures any poison or any drug or
any noxious thing, or any instrument or other thing, whether of a like nature or not, believing that it is intended to be unlawfully
used to procure miscarriage.

Cf. 1961, No. 13, s. 44; 1961, No. 43, s. 186 (N.Z.)

[73D. Effectiveness of means used immaterial-The provisions of sections 73A to 73C of this Act shall apply whether or not the poison, drug, thing, instrument or means administered,
taken, used, supplied or procured was in fact capable of procuring miscarriage.]

Cf. 1961, No. 43, s. 187 (N.Z.)

Ss. 73A-73D were inserted by s. 4 of the Crimes Amendment Act 1969.

74. Concealing dead body of child-Every one is liable to imprisonment for a term not exceeding 2 years who disposes of the dead body of any child in any manner with
intent to conceal the fact of its birth, whether the child died before, during, or after birth.

(a) The act of a person who, being married, goes through a form of marriage in Western Samoa with a third person; or

(b) The act of a person who goes through a form of marriage in Western Samoa with any other person whom he or she knows to be married;
or

(c) The act of a Western Samoan citizen, or a person ordinarily resident in Western Samoa, who, being married, goes through a form
of marriage with a third person anywhere outside Western Samoa; or

(d) The act of a Western Samoan citizen, or a person ordinarily resident in Western Samoa, who goes through a form of marriage anywhere
outside Western Samoa with any other person whom he or she knows to be married.

(2) For the purposes of this section,-

(a) A form of marriage is any form of marriage recognised by the law of Western Samoa, or by the law of the place where it is solemnised,
as a valid form of marriage;

(b) No form of marriage shall be held to be an invalid form of marriage by reason of any act or omission of the person charged with
bigamy, if it is otherwise a valid form.

(3) It shall not be a defence to a charge of bigamy to prove that if the parties were unmarried they would have been incompetent to
contract marriage.

(4) No person commits bigamy by going through a form of marriage if that person,-

(a) Has been continuously absent from his or her spouse for 7 years then last past; and

(b) Is not proved to have known that his or her spouse was alive at any time during those 7 years.

Cf. 1961, No. 13, s. 45; 1961, No. 43, s. 205 (N.Z.)

[74B. Punishment of bigamy-Every one who commits bigamy is liable to imprisonment for a term not exceeding 5 years:

Provided that if the judge is satisfied that the person with whom the offender went through the form of marriage knew, at the time
when the offence was committed, that the marriage would be void, the offender is liable to imprisonment for a term not exceeding
2 years.

Cf. 1961, No. 13, s. 45; 1961, No. 43, s. 206 (N.Z.)

[74C. Feigned marriage-Every one is liable to imprisonment for a term not exceeding 5 years who goes through a form of marriage with any other person, knowing
that the marriage will be void for any reason other than that one of the parties is already married:

Provided that if the judge is satisfied that that other person knew, at the time when the offence was committed, that the marriage
would be void, the offender is liable to imprisonment for a term not exceeding 2 years.]

Cf. 1961, No. 43, s. 207 (N.Z.)

Ss. 74A.-74C were inserted by s. 5 of the Crimes Amendment Act 1969.

75. Counselling suicide-Every one is liable to imprisonment for life who counsels or procures any person to commit suicide, if that person actually commits
suicide in consequence thereof or who aids or abets any person in the commission of suicide.

76. Duty to provide the necessaries of life-(1) Every one who has charge of any other person unable, by reason of age, sickness, insanity, or any other cause, to withdraw himself
from that charge, and unable to provide himself with the necessaries of life, is (whether such charge is undertaken by him under
any contract or is imposed upon him by law or in accordance with Samoan custom or by reason of his unlawful act or otherwise howsoever)
under a legal duty to supply that person with the necessaries of life, and is criminally responsible for omitting without lawful
excuse to perform such duty if the death of that person is caused, or if his life is endangered or his health impaired by such omission.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who, without lawful excuse, neglects the duty specified in
this section so that the life of the person under his charge is endangered or his health impaired by such neglect.

(3) For the purposes of this and the next succeeding section the term "necessaries of life" shall include the provision of proper
and adequate care and attention, food, drink, clothing, shelter and medical treatment.

77. Duty of parent or guardian to provide necessaries-(1) Every one who, as a parent or person placed in the position of a parent in accordance with Samoan custom, is under a legal duty
to provide the necessaries of life for any child under the age of 16 years, is criminally responsible for omitting without lawful
excuse to do so, whether the child is helpless or not, if the death of the child is caused, or if his life is endangered or his health
impaired by such omission.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who, without lawful excuse, neglects the duty specified in
this section so that the life of the child is endangered or his health impaired by such neglect.

78. Common assault-(1) Every one is liable to imprisonment for a term not exceeding one year who assaults any other person.

(2) "Assault" means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly,
or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes
the other to believe on reasonable grounds that he has, present ability to effect his purpose; and "to assault" has a corresponding
meaning.

79. Grievous bodily harm-Every one who wilfully and without lawful justification causes grievous bodily harm to any person is liable to imprisonment for a
term not exceeding 7 years.

80. Actual bodily harm-Every one who wilfully and without lawful justification causes actual bodily harm to any person is 'liable to imprisonment for a term
not exceeding 2 years.

81. Acts or omissions causing bodily harm-Every one is liable to imprisonment for a term not exceeding 2 years who by any act or omission causes bodily harm to any person in
such circumstances that, if death had been caused, he would have been guilty of manslaughter.

82. Threats to kill or do bodily harm-Every one is liable to imprisonment for a term not exceeding 3 years who sends or causes to be received, knowing the contents thereof,
any letter or writing containing threats to kill or do bodily harm to any person, or who verbally makes a threat to kill or do bodily
harmto any person.

[83. Abduction of woman or girl-Every one is liable to imprisonment for a term not exceeding 7 years who takes away or detains any woman or girl, whether she is married
or not, without her consent, or with her consent obtained by fraud or duress, with intent-

(a) To marry her or to have sexual intercourse with her; or

(b) To cause her to be married or to have sexual intercourse with any other person.

Cf. 1961, No. 43, s. 208 N.Z

[83A. Kidnapping-(1) Every one is liable to imprisonment for a term not exceeding 10 years who unlawfully carries off or detains any person without
his consent, or with his consent obtained by fraud or duress, with intent-

(a) To cause him to be confined or imprisoned; or

(b) To cause him to be sent or taken out of Western Samoa; or

(c) To hold him for ransom or to service.

(2) A child under the age of 16 years shall be deemed to be incapable of consenting to being carried off or detained.

(3) No one shall be convicted of an offence against this section who gets possession of any child, claiming in good faith a right
to the possession of the child.

Cf. 1961, No. 13, s. 83; 1961, No. 43, s. 209 N.Z

[83B. Abduction of child under 16-(1) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to deprive any parent or guardian or other
person having the lawful care or charge of any child under the age of 16 years of the possession of the child, or with intent to
have sexual intercourse with any child being a girl under the age, unlawfully-

(a) Takes or entices away or detains the child; or

(b) Receives the child, knowing that the child has been so taken or enticed away or detained.

(2) It is immaterial whether or not the child consents, or is taken or goes at the child's own suggestion, or whether or not the offender
believed the child to be of or over the age of 16.

(3) No one shall be convicted of an offence against this section who gets possession of any child, claiming in good faith a right
to the possession of the child.]

Cf. 1961, No. 13, ss. 53, 83; 1961, No. 43, s. 210 N.Z

Ss. 83, 83A and 83B were substituted for the former s. 83 by s. 6 of the Crimes Amendment Act 1969.

84. Defamatory libel-(1) Every one who publishes a defamatory libel is liable to imprisonment for a term not exceeding 6 months.

(2) To publish a defamatory libel means to do any act which confers upon the person defamed a right of action for damages for libel.

(3) In a prosecution under this section the burden of proof shall be determined by the same rules as in an action for damages for
libel.

(4) In a prosecution under this section it shall be no defence that the libel is true unless the publication thereof was for the public
benefit,

As to the protection of a Post Office employee for transmitting libels by telegram, see s. 88 of the Post Office Act 1972.

As to privileged statements by the Director of Health relating to poisons, etc., see s. 47 (2) of the Poisons Act1968.

85. Theft defined-(1) Theft or stealing is the act of fraudulently, or dishonestly taking, or converting to the use of any person, anything capable
of being stolen, with intent-

(a) To deprive the owner or any person having any property or interest therein permanently of such thing or of such property or interest;
or

(b) To deal with it in such a manner that it cannot be restored in the condition in which it was at the time of such taking or converting.

(2) Every animate or inanimate thing whatever that is the property of any person, and is movable. is capable of being stolen.

(3) Every thing whatever that is the property of any person and is capable of being made movable is capable of being stolen as soon
as it becomes movable, although it is made movable in order to steal it.

(4) Theft is committed when the offender moves the thing, or causes it to be moved with intent to steal it.

(5) Every one who kills any living creature capable of being stolen with intent to steal its carcass, skin, or plumage, or any part
of it, commits theft and steals the creature.

86. Punishment of theft- [(1) Every one who commits theft is liable to imprisonment for a term not exceeding-

(a) Three months if the value of the property stolen does not exceed $4;

(b) One year if the value of the property stolen exceeds $4 but does not exceed $100;

(c) Three years if the value of the property stolen exceeds $100 but does not exceed $400;

(d) Five years if the value of the property stolen exceeds $400;

(e) Seven years if the property stolen is a testamentary instrument;

(f) Ten years if the property stolen is a ship or aircraft;

[[(g) Seven years if the property stolen is anything stolen by a clerk or servant which belongs to or is the possession of his employer;

(h) Seven years if the property stolen is anything in the possession of the offender as a clerk or servant, or as an officer of the
Government of Western Samoa or of any local authority or public body, or as a constable;

(i) Seven years if the theft is one within the extended definition contained in section 88 of this Ordinance]].]

(2) Repealed by s. 2 (2) of the Crimes Amendment Act 1971.

(3) For the purposes of this section a valuable security shall be deemed to be of the same value as the property or proprietary right
to which it relates, and postage stamps or revenue stamps shall be deemed to be of a value equal to the denomination thereof.

Subs. (1), comprising paras. (a) to (f), was substituted for the former subs. (1) by s. 7 of the Crimes Amendment Act 1969; and in
subs. (1), as so substituted, paras. (g) to (i) were inserted by s. 2(1) of the Crimes Amendment Act 1971.

In subs. (1), in para. (i), the words "this Ordinance" have been substituted for the words "the principal Ordinance" pursuant to
s. 3(f) of the Reprint of Statutes Act 1972.

87. Ineffectual defences to charge of theft-Without in any way limiting the generality of the foregoing definition of theft, a person shall be deemed guilty of theft notwithstanding
the fact-

(a) That at the time of the theft he was in lawful possession of the property stolen; or

(b) That he had himself a lawful interest in the property stolen, whether as a partner, co-owner, bailee, bailor, mortgagee, mortgagor,
or otherwise howsoever; or

(c) That he was a trustee of the property stolen; or

(d) That the property stolen was vested in him as an executor or administrator.

88. Extended definition of theft-Without in any way limiting the generality of the foregoing definition of theft, every person shall be deemed guilty of theft who
holds, receives, or obtains any money, valuable security, or other thing whatsoever capable of being stolen, subject to any obligation
(whether arising from an express or implied trust, or from an express or implied contract, or from any other source whatsoever) to
deal with such money, valuable security, or thing in any manner, and who fraudulently or dishonestly deals with it in any other manner,
or fails to deal with it in accordance with such obligation.

89. Obtaining by false pretence-(1) Every one is liable to imprisonment for a term not exceeding 3 years who-

(a) With intent to defraud by any false pretence, either directly or through the medium of any contract obtained by such false pretence,
obtains anything capable of being stolen, or procures anything capable of being stolen to be delivered to any person other than himself;
or

(b) With intent to defraud or injure any person by any false pretence, causes or induces any person to execute, make, accept, endorse
or destroy the whole or any part of any valuable security, or to write, impress or affix any name or seal on any paper in order that
it may afterwards be made or converted into or used or dealt with as a valuable security.

(2) A false pretence is a representation either by words or otherwise of a matter of fact either present or past, which representation
is known to the person making it to be false and is made with the fraudulent intent to induce the person to whom it is made to act
upon it.

As to attempts to defraud the grantee of an instrument by way of security, see s. 46 of the Chattels Transfer Act 1972.

As to wrongfully procuring registration as or using the title of medical practitioner, see ss. 27 and 28 of the Medical Practitioners
Act 1975. See also the similar provisions in ss. 27 and 28 of the Dental Practitioners Act1975.

90. Receiving stolen property-[(1) Every one who receives any stolen property knowing it to have been stolen is liable to imprisonment for a term not exceeding-

(a) Three months if the value of the property so received does not exceed $4;

(b) One year if the value of the property so received exceeds $4 but does not exceed $100;

(c) Three years if the value of the property so received exceeds $100 but does not exceed $400;

(d) Five years if the value of the property so received exceeds $400.]

(2) The act of receiving stolen property is complete as soon as the offender has, either exclusively or jointly with the thief or
any other person, possession of or control over the stolen property, or aids in concealing or disposing of it.

Subs. (1) was substituted for the former subs. (1) by s. 8 of the Crimes Amendment Act 1969.

91. Conversion of vehicles or vessels, etc.-Every person who, unlawfully and without colour of right, but not so as to be guilty of theft thereof, takes or converts to his use
or to the use of any other person, any vehicle, vessel or aircraft, of any description, or any part thereof, or any horse, shall
be liable to the same penalty as if he had committed theft of the article concerned.

As to disqualification of a person convicted of any offence in connection with the driving of a motor vehicle, see s. 33 of the Road Traffic Ordinance1960.

92. Robbery-(1) Robbery is theft accompanied by violence or threats of violence to any person or property, used to extort the property stolen
or to prevent or overcome resistance to its being stolen.

(2) Every one who commits robbery is liable to imprisonment for a term not exceeding 10 years.

(3) Every one who assaults any person with intent to rob him is liable to imprisonment for a term not exceeding 5 years.

93. Breach of trust-(1) Every trustee who with intent to defraud, and in violation of his trust, converts anything of which he is trustee to any use not
authorised by the trust is guilty of criminal breach of trust, and is liable to imprisonment for a term not exceeding 5 years.

(2) For the purpose of this section an executor or administrator shall be deemed to be a trustee of the property subject to his administration.

(3) Nothing in this section shall be so construed as in any manner to limit the foregoing definition of the offence of theft, and
if any act of a trustee is both theft and a criminal breach of trust he may be convicted of either of those offences.

94. Menaces-Every one is liable to imprisonment for a term not exceeding 2 years who with menaces demands from any person, either for himself
or for any other person, anything capable of being stolen, with intent to steal it.

95. Witchcraft-Every one is liable to imprisonment for a term not exceeding 6 months who pretends to exercise or use any kind of witchcraft, sorcery,
enchantment, or conjuration, or undertakes to tell fortunes.

96. Obtaining credit by fraud-Every one is liable to imprisonment for a term not exceeding 6 months who in incurring any debt or liability obtains credit by means
of any fraud.

As to attempts to defraud the grantee of an instrument by way of security, see s. 46 of the Chattels Transfer Act 1972.

As to wrongfully procuring registration as or using the title of medical practitioner, see ss. 27 and 28 of the Medical Practitioners
Act 1975. See also the similar provisions in ss. 27 and 28 of the Dental Practitioners Act1975.

97. Conspiracy to defraud-Every one is liable to imprisonment for a term not exceeding 3 years who conspires with any other person by deceit or falsehood or
other fraudulent means to defraud the public or any person ascertained or unascertained.

98. Falsifying accounts relating to public funds-Every one is liable to imprisonment for a term not exceeding 5 years who, with intent to defraud-

(a) Makes any false entry or any alteration in any accounts kept by any Government Department or public body, or by any bank, being
accounts of any public money within the meaning of [the Public Money Act 1964], or of any other public fund;

(b) In any manner wilfully falsifies any such accounts as aforesaid; or

(c) Makes any transfer of any interest in any stock, debentures, or debt, in the name of any person other than the owner of that interest.

In para. (a) the Public Money Act 1964, being the corresponding enactment in force at the date of this reprint, has been substituted
for the repealed Public Revenues Ordinance 1959.

99. False accounting by employee-Every one is liable to imprisonment for a term not exceeding 5 years who, being or acting in the capacity of an officer or a clerk
or servant, with intent to defraud-

(a) Destroys, mutilates, alters, or falsifies any book, account, valuable security, or document belonging to or in the possession
of his employer, or received by him for or on behalf of his employer, or concurs in so doing; or

(b) Makes or concurs in making any false entry in, or omits or alters, or concurs in omitting or altering, any material particular
from or in any such book, account, valuable security, or document.

100. False statement by public officer-Every one is liable to imprisonment for a term not exceeding 2 years who, being an officer, collector, or receiver entrusted with
the receipt, custody, or management of any public money within the meaning of [the Public Money Act 1964], or part of the revenues
of any local authority or public body, knowingly furnishes any false statement or return of any sum of money collected by him, or
entrusted to his care, or of any balance of money in his hands or under his control.

The Public Money Act 1964, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed
Public Revenues Ordinance 1959.

101. Accusation of criminal offences-Every one is liable to imprisonment for a term not exceeding 5 years who-

(a) With intent to extort or gain anything from any person, accuses or threatens to accuse either that person or another person of
any criminal offence, whether the person accused or threatened with accusation is guilty of that offence or not; or

(b) With such intent as aforesaid, threatens that any person shall be so accused by any person; or

(c) With such intent as aforesaid, causes any person to receive a document containing such accusation or threat, knowing the contents
thereof.

102. Burglary-(1) Every one is guilty of burglary and is liable to imprisonment for a term not exceeding 5 years who, by day or night, breaks and
enters a building with intent to commit a criminal offence therein.

(2) "To break" means to break any part, internal or external. of a building, or to open by any means whatever any door, window, or
other thing intended to cover any opening to the building or any passage from one part of it to another.

103. Unlawful entry of building by night-Every one is liable to imprisonment for a term not exceeding 5 years who unlawfully enters or is in any building by night with intent
to commit a criminal offence therein, or who is found by night in any building without lawful justification for his presence there.

104. Intimidation by breaking house or discharge of firearms-Every one is liable to imprisonment for a term not exceeding 5 years who, by night, or to imprisonment for a term not exceeding 2
years who, by day, with intent to intimidate or annoy any person-

(a) Breaks or damages or threatens to break or damage any building; or

(b) By the discharge of firearms or otherwise alarms or attempts to alarm any person in any building.

105. Being armed with intent to commit a crime-Every one is liable to imprisonment for a term not exceeding 3 years who is found-

(a) Armed with any dangerous or offensive weapon or instrument whatever by day, with intent to break or enter into any building and
to commit any crime therein; or

(b) Armed as aforesaid by night, with intent to break into any building whatsoever and to commit any crime therein.

106. Having in possession instruments of housebreaking, or being disguised with intent to commit a crime-Every one is liable to imprisonment for a term not exceeding 3 years who-

(a) Has in his possession by night, without lawful excuse, any instrument being an instrument capable of being used for housebreaking
in circumstances that prima facie show an intention to use it for housebreaking; or

(b) Has in his possession by day any such instrument as aforesaid with intent to commit any crime; or

(c) Has his face masked or blackened or is otherwise disguised by night, without lawful excuse (the proof whereof shall lie on him);
or

(d) Has his face masked or blackened or is otherwise disguised by day, with intent to commit any crime.

107. Forgery-(1) Forgery is making a false document, knowing it to be false, with the intent that it shall in any way be used or acted upon as
genuine, whether within Western Samoa or not, or that some person shall be induced by the belief that it is genuine to do or refrain
from doing anything, whether within Western Samoa or not.

(2) For the purposes of this section, the expression "making a false document" includes making any material alteration to a genuine
document, making any material addition to it, or other alteration whether by addition, insertion, obliteration, erasure, removal,
or otherwise.

(3) Forgery is complete as soon as the document is made with such knowledge and intent as aforesaid, although the offender may not
have intended that any particular person should use or act upon it as genuine, or should be induced by the belief that it is genuine
to do or refrain from doing anything.

(4) Forgery is complete although the false document may be incomplete or may not purport to be such a document as would he binding
or sufficient in law, if it is so made and is such as to indicate that it was intended to be acted on as genuine.

(5) Every one who commits forgery is liable to imprisonment for a term not exceeding 5 years.

108. Uttering forged documents-Every one is liable to imprisonment for a term not exceeding 5 years who, knowing a document to be forged,-

(a) Uses, deals with, or acts upon it as if it were genuine; or

(b) Causes any person to use, deal with, or act upon it as if it were genuine.

As to attempts to defraud the grantee of an instrument byway of security, sees. 46 of the Chattels Transfer Act 1972.

As to wrongfully procuring registration as or using the title of medical practitioner, see ss. 27 and 28 of the Medical Practitioners
Act 1975. See also the similar provisions in ss. 27 and 28 of the Dental Practitioners Act1975.

109. Making counterfeit coin-Every one is liable to imprisonment for a term not exceeding 7 years who makes or begins to make counterfeit coin resembling any current
coin, or who has in his possession any dies or other instruments or material intended to be used in the making of such counterfeit
coin.

110. Impairing coin-Every one is liable to imprisonment for a term not exceeding 2 years who impairs, diminishes or lightens any current coin, with intent
that when so dealt with it shall pass for current coin.

111. Uttering counterfeit coin-Every one who fraudulently utters any counterfeit coin is liable to imprisonment for a term not exceeding 6 months.

112. Arson-Every one commits arson and is liable to imprisonment for a term not exceeding 5 years who wilfully sets fire to, or damages by means
of any explosive,-

(a) Any building, erection, or structure, or any ship or aircraft, or any well of any combustible substance, or any mine, or any bush,
forest, or plantation; or

(b) Any property, whether he has an interest in it or not, if he knows or ought to know that danger to life is likely to ensue.

[113. Wilful damage-(1) Every one is liable to imprisonment for a term not exceeding 14 years who wilfully destroys or damages-

(a) Any property, whether he has an interest in it or not, if he knows or ought to know that danger to life is likely to ensue; or

(b) Any road, railway, bridge, tunnel or similar means of communication, or any aerodrome, wharf, quay or jetty, if he knows or ought
to know that it is thereby likely to be rendered dangerous, impassable or unusable; or

(c) Any power station, or any building, erection or structure, or any equipment, line, cable or pipe, used for or in connection with
the production, transmission or distribution of electricity, if he knows or ought to know that the supply of electricity is thereby
likely to be affected.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who wilfully destroys or damages-

(a) Any stopbank, wall, dam or sluice gate, or any spillway, canal, drain or other waterway, or any pumping station or pumping equipment,
or any other works, if the destruction or damage causes danger of flooding; or

(b) Any container, building, erection, structure or pipe line used for the storage or transmission of bulk supplies of gas or liquid
fuel; or

(c) Any rare or irreplaceable book, manuscript, original painting, etching, engraving, print or other work of art, or any rare or
irreplaceable article kept for purposes of art or science.

(3) Every one is liable to imprisonment for a term not exceeding 3 years who wilfully destroys or damages any property in any case
not provided for elsewhere in this Ordinance.]

Cf. 1961, No. 43, s. 298 (N.Z.)

This section was substituted for the original s. 113 by s. 9 of' the Crimes Amendment Act 1969.

114. Attempt to commit or procure commission of offence-(1) Every one who attempts to commit any offence in respect of which no punishment for the attempt is expressly prescribed by this
Ordinance or by some other enactment is liable to imprisonment for a term not exceeding 10 years if the maximum punishment for that
offence is imprisonment for life, and in any other case is liable to not more than half the maximum punishment to which he would
have been liable if he had committed that offence.

(2) Every one who incites, counsels, or attempts to procure any person to commit any offence, when that offence is not in fact committed,
is liable to the same punishment as if he had attempted to commit that offence.

115. Accessory after the fact to crime-Every one who is accessory after the fact to any crime punishable by imprisonment, being a crime in respect of which no express provision
is made by this Ordinance or by some other enactment for the punishment of an accessory after the fact, is liable to imprisonment
for a term not exceeding half the longest term to which a person committing the crime may be sentenced on a first conviction.

PART IXLEGISLATION SUPERSEDED AND SAVINGS

116. Repeals and savings-(1) This Ordinance is declared to be enacted in substitution for Part V of the Samoa Act 1921 (N.Z.), as amended by subsequent enactments of the New Zealand Legislature, and it is hereby declared that the said Part V shall, from the date this Ordinance comes into force, no longer form part of the law of Western Samoa.

(2) It is hereby declared that the enactment of this Ordinance shall not affect any document made, proceedings commenced, or anything
whatsoever done under Part V of the Samoa Act1921 (N.Z.), or under any corresponding former provisions, and every such document, proceeding, or thing, so far as it is subsisting or
in force at the date this enactment comes into force and could have been made, commenced, or done under this Ordinance, shall continue
and have effect as if it had been made, commenced or done under the corresponding provision of this Ordinance, and as if that provision
had been in force when the document was made or the proceedings were commenced or the thing was done.

PART XPENALTIES AND ENFORCEMENT

117-124. This Part was added by s. 2 of the Crimes Amendment Act 1965 and repealed by s. 177(1) of the CriminalProcedure Act 1972.

1. Short title- This Act may be cited as the Crimes Amendment Act 1969 and shall be read together with and be deemed part of the Crimes Ordinance
1961 (hereinafter referred to as the principal Ordinance).

2. This section inserted s. 34A in the principal Ordinance.

3. This section substituted a new Part VI, comprising ss. 42 to 58P. for the former Part VI, comprising ss. 42 to 58, in the principal
Ordinance.

1. Short title-This Act may be cited as the Crimes Amendment Act 1971 and shall be read together with and be deemed part of the Crimes Ordinance
1961 (hereinafter referred to as the principal Ordinance).